Case: Whorley v. Northam

3:20-cv-00255 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 8, 2020

Closed Date: June 9, 2021

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Case Summary

This lawsuit was filed on April 8, 2020 in the U.S. District Court for the Eastern District of Virginia, amidst the outbreak of COVID-19 that occurred early in 2020. The plaintiffs were twenty-seven people incarcerated in Virginia state prisons. Represented by the ACLU Foundation of Virginia (ACLU-VA) and private counsel, they sued Virginia Governor Ralph Northam, Secretary of Public Safety and Homeland Security Brian Moran, the Director of the Virginia Department of Corrections Harold Clarke, and the wardens of twelve different correctional facilities in Virginia. The lawsuit argued that the defendants violated the Eighth Amendment of the U.S. Constitution in four ways. First, the defendants placed the incarcerated individuals in quarters with very limited spacing, making them susceptible to contracting COVID. Second, the defendants did not procure equipment or develop any policies regarding sanitation for the people in its custody. Third, the defendants did not develop any policies to arrest the spread from prison staff to incarcerated people. Finally, the plaintiffs argued that the lack of medical supplies and testing for staff and incarcerated people represented a violation of the Eighth Amendment. The plaintiffs sought declaratory relief, injunctive relief, and attorney's fees and costs. The case was assigned to District Judge Henry E. Hudson.

By May 11, however, it appeared that the parties had worked out a solution. They jointly moved to dismiss the case and enter a settlement agreement with the court. In the settlement agreement, the defendants agreed to amend the early release plan that had been instituted by the Governor in April, 2020; to issue conditional pardons for qualifying persons; to prioritize Covid-19-related grievances; to suspend medical co-pays; to expand the availability and use of PPE and testing; to maintain adequate sanitation and hygiene procedures; and to put in place new housing policies designed to limit the spread of the virus. The agreement was to last until the court decided that it was no longer necessary, determined by the extent of the spread of the coronavirus. The next day, the court entered the agreement and retained jurisdiction to enforce its terms.

The defendants filed weekly status reports that updated the court as to their ongoing efforts to detain the spread of the virus and improve hygiene in the detention centers.

On July 2, an incarcerated individual submitted a declaration which claimed that the prison was not properly washing the face masks they distributed, contrary to the terms of the settlement agreement. However, it does not appear that very much came of this.

Additionally, on September 8, 2020, the parties notified that court that they had agreed on a plan to resume transferring individuals from jails to VDOC custody. The plan provided for quarantine and testing procedures. Additionally, the defendants agreed to cease transferring individuals eligible for early release or those who with local motions pending, including motions for release on Home Electronic Monitoring or for reconsideration of their criminal sentence.

In response to the plaintiffs' notice of non-compliance dated September 22, on December 14, the parties notified the court that they resolved the matters. The plaintiffs agreed to provide the defendants with an updated list of ACLU-VA volunteer attorneys to help coordinate attorney phone calls. Additionally, the defendants agreed to inform high-risk incarcerated people on the procedure for requesting expedited early release screening, create an anonymous complaint hotline for incarcerated individuals, inform the correctional staff on how to report COVID-19 concerns, place the ALCU-VA in contact with the VA Department of Health, and consider prioritizing early release for approved individuals in the event of future COVID outbreaks at a correctional facility.

In response to an individual's motion for release and numerous letters from incarcerated people requesting relief under the settlement, on February 4, 2021, the court announced it did not have the authorization to mediate individual disputes or order the release of incarcerated people from custody.

In April 2021, the defendants requested that their continuing obligations to review 60 substantive cases per week as well as the court’s supervision of the settlement agreement terminate. Judge Novak agreed to terminate ongoing obligations to substantively review cases, citing decreased COVID-19 case counts inside and outside of the prison, as well as a 70% vaccination rate within the prison population. The court declined to terminate ongoing supervision of the settlement agreeing, instead requiring that the parties resolve any outstanding issues before submitting a final status report.

On June 4, 2021, the parties submitted a joint status report requesting termination of federal court jurisdiction, having come to a private settlement agreement. This settlement agreement included, among other things, a requirement that VDOC implement continued vaccination efforts, COVID-19 reporting, medical co-pay suspensions, and COVID-19 grievance procedures. This agreement was to remain in full force for 30 days following the expiration or termination of Virginia’s state of emergency due to COVID-19, or on October 1, 2021, whichever came later.

Pursuant to the agreement, federal court jurisdiction was terminated on June 6, 2021.

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Summary Authors

Jack Hibbard (7/30/2020)

Lily Sawyer-Kaplan (10/25/2020)

Zofia Peach (2/4/2021)

Jane Fisher (2/21/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17052776/parties/whorley-v-northam/

Judge(s)

Hudson, Henry E. (Virginia)

Attorney for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Harary, Jason (Virginia)

Harding, Elliot Michael (Virginia)

Heilman, Eden Brooke (Virginia)

Attorney for Defendant

Judge(s)

Hudson, Henry E. (Virginia)

Novak, David John (Virginia)

Attorney for Plaintiff

Agraharkar, Vishal Mahendra (Virginia)

Harary, Jason (Virginia)

Harding, Elliot Michael (Virginia)

Heilman, Eden Brooke (Virginia)

Safstrom, Jennifer (Virginia)

Tortoriello, Nicole (Virginia)

Attorney for Defendant

O'Shea, Margaret Hoehl (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-00255	Docket [PACER]	Feb. 4, 2021	Feb. 4, 2021 Docket
1 3:20-cv-00255	Complaint	April 8, 2020	April 8, 2020 Complaint
11 & 11-1 3:20-cv-00255	Joint Motion to Dismiss and Retain Jurisdiction	May 11, 2020	May 11, 2020 Settlement Agreement
12 3:20-cv-00255	Final Order	May 12, 2020	May 12, 2020 Order/Opinion 2020 WL 2020
34 3:20-cv-00255	Status Report	July 28, 2020	July 28, 2020 Pleading / Motion / Brief
92 3:20-cv-00255	Order	April 14, 2021	April 14, 2021 Order/Opinion
93-1 3:20-cv-00255	Settlement Agreement	June 4, 2021	June 4, 2021 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
ACLU-VA Reaches Settlement in COVID-19 Lawsuit Against VDOC on Behalf of 27 Individuals ACLU Virginia	After weeks of intense negotiations with the Office of the Attorney General, the ACLU of Virginia and Charlottesville attorney Elliott Harding reached a settlement agreement with Gov. Ralph Northam, …	May 12, 2020	May 12, 2020 https://acluva.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17052776/whorley-v-northam/

Last updated March 18, 2024, 3:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint (Filing Fee: $400.00, Receipt Number: 0422-7151697) filed by Brooke Whorley. (Attachments: # 1 Civil Cover Sheet) (Harding, Elliott) (Entered: 04/08/2020) 1 Civil Cover Sheet View on PACER	April 8, 2020	April 8, 2020 Clearinghouse
	Initial Case Assignment	April 8, 2020	April 8, 2020 PACER
	Initial Case Assignment to District Judge Henry E. Hudson. (smej, )	April 8, 2020	April 8, 2020 PACER
2	Proposed Summons by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Harding, Elliott) (Entered: 04/09/2020)	April 9, 2020	April 9, 2020 RECAP
3	NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce (O'Shea, Margaret) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020 PACER
	Telephone Conference	April 13, 2020	April 13, 2020 PACER
4	ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint Acknowledgement filed by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020 PACER
	Telephone Conference held on 4/13/2020 before District Judge Henry E. Hudson (rpiz)	April 13, 2020	April 13, 2020 PACER
5	MEMORANDUM ORDER - Accordingly, the Court SUSPENDS the deadlines in this case for fourteen (14) days in order for the parties to have an opportunity to come to a resolution. If counsel later feel that they are making substantial progress, the Court will continue the suspension of the deadlines. SEE ORDER FOR DETAILS. Signed by District Judge Henry E. Hudson on 4/13/2020. (smej, ) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020 RECAP
6	NOTICE of Appearance by Eden Brooke Heilman on behalf of Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr (Heilman, Eden) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
7	NOTICE of Appearance by Nicole Gloria Tortoriello on behalf of Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr (Tortoriello, Nicole) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
8	NOTICE of Appearance by Jennifer Marie Safstrom on behalf of Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr (Safstrom, Jennifer) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
9	NOTICE of Appearance by Vishal Mahendra Agraharkar on behalf of Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr (Agraharkar, Vishal) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
	Telephone Conference held on 4/17/2020 before District Judge Henry E. Hudson (rpiz)	April 17, 2020	April 17, 2020 PACER
	Telephone Conference	April 17, 2020	April 17, 2020 PACER
10	ORDER (Referring Case for Mediation) - It is hereby ORDERED that this case is REFERRED to United States District Judge David J. Novak for mediation. The suspension of deadlines previously set by the Court is CONTINUED until such time as mediation is completed. Signed by District Judge Henry E. Hudson on 4/20/2020. (Copy sent to Judge Novak) (smej, ) (Entered: 04/20/2020)	April 20, 2020	April 20, 2020 RECAP
	Case Referred to Mediation	April 20, 2020	April 20, 2020 PACER
	CASE REFERRED to Mediation to Judge Novak.	April 20, 2020	April 20, 2020 PACER
	Set Deadlines/Hearings	April 20, 2020	April 20, 2020 PACER
	Conference Call w/ Plts' Counsel set for 4/22/2020 at 02:00 PM; w/Defs' at 03:00 PM and w/ ALL counsel at 03:30 PM before District Judge David J. Novak. (cgar)	April 20, 2020	April 20, 2020 PACER
	Minute Entry for proceedings held before District Judge David J. Novak:Telephone Conferences held on 4/22/2020. (cgar)	April 22, 2020	April 22, 2020 PACER
	Telephone Conference	April 22, 2020	April 22, 2020 PACER
	Settlement Conference (TELEPHONIC) set for 4/28/2020 at 10:00 AM before District Judge David J. Novak. (cgar)	April 23, 2020	April 23, 2020 PACER
	Set Deadlines/Hearings	April 23, 2020	April 23, 2020 PACER
	Minute Entry for proceedings held before District Judge David J. Novak:Settlement Conference (TELEPHONIC) held on 4/28/2020. (cgar)	April 28, 2020	April 28, 2020 PACER
	Settlement Conference	April 28, 2020	April 28, 2020 PACER
	Telephone Conference	May 1, 2020	May 1, 2020 PACER
	Minute Entry for proceedings held before District Judge David J. Novak:Telephone Conference held on 5/1/2020. (cgar)	May 1, 2020	May 1, 2020 PACER
	Minute Entry for proceedings held before District Judge David J. Novak:Settlement Conference held on 5/8/2020. (cgar)	May 8, 2020	May 8, 2020 PACER
	Settlement Conference	May 8, 2020	May 8, 2020 PACER
11	Joint MOTION to Dismiss and Retain Jurisdiction by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Heilman, Eden) (Entered: 05/11/2020) 1 Exhibit A View on PACER 2 Proposed Order View on PACER	May 11, 2020	May 11, 2020 Clearinghouse
12	ORDER. THIS MATTER is before the Court on the Parties' Joint Motion to Dismiss and Retain Jurisdiction (the "Joint Motion"), filed on May 11, 2020 11 . For good cause shown, and in consideration of the Parties' Joint Motion, the Court hereby GRANTS the Parties' Joint Motion and conditionally dismisses the above-titled action with prejudice under Federal Rule of Civil Procedure 41(a)(2). In accordance with the Settlement Agreement, which was filed with this Court as Exhibit A to Parties' Joint Motion (ECF No. 11 -1) and is attached hereto, the Court specifically retains jurisdiction for the purpose of enforcing the Settlement Agreement in accordance with its terms, pursuant to Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (1994). It is SO ORDERED. Signed by District Judge Henry E. Hudson on 5/12/20. (Attachments: # 1 Exhibit A) (jsau, ) (Entered: 05/12/2020) 1 Exhibit A View on PACER	May 12, 2020	May 12, 2020 Clearinghouse
13	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020 PACER
14	Letter from Conrad Burke requesting documents. Copy of the complaint mailed as requested. (Attachments: # 1 Receipt) (smej, ) (Entered: 05/21/2020) 1 Receipt View on PACER	May 20, 2020	May 20, 2020 RECAP
15	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 RECAP
16	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 RECAP
17	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 06/09/2020)	June 9, 2020	June 9, 2020 PACER
18	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020 PACER
19	MOTION to Withdraw as Attorney by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Agraharkar, Vishal) (Entered: 06/23/2020) 1 Exhibit View on PACER 2 Proposed Order View on PACER	June 23, 2020	June 23, 2020 PACER
20	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020 PACER
	Notice of Correction	June 24, 2020	June 24, 2020 PACER
	Notice of Correction re 19 MOTION to Withdraw as Attorney : Clerk notified filing attorney of proper filing procedures for a Memorandum in Support. The filing attorney has been instructed to refile the Memorandum in Support using the correct docket event. (smej, )	June 24, 2020	June 24, 2020 PACER
21	MOTION to Withdraw as Attorney by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Attachments: # 1 Proposed Order)(Agraharkar, Vishal) (Entered: 06/24/2020) 1 Proposed Order View on PACER	June 24, 2020	June 24, 2020 PACER
22	Memorandum in Support re 21 MOTION to Withdraw as Attorney filed by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Agraharkar, Vishal) (Entered: 06/24/2020)	June 24, 2020	June 24, 2020 PACER
23	Letter from Eric Saub requesting copy of docket sheet. (Copy of docket sheet mailed) (Attachments: # 1 Envelope) (smej, ) (Entered: 06/24/2020) 1 Envelope View on PACER	June 24, 2020	June 24, 2020 RECAP
24	Letter from Larry Taylor. (Attachments: # 1 Envelope) (smej, ) (Entered: 06/24/2020) 1 Envelope View on PACER	June 24, 2020	June 24, 2020 RECAP
25	ORDER GRANTING LEAVE TO WITHDRAW APPEARANCE OF COUNSEL - This cause has come before the Court upon Plaintiffs' motion seeking to withdraw Jennifer Safstrom of the American Civil Liberties Union Foundation of Virginia as counsel in this case. Having reviewed the motion and accompanying memorandum in support, this Court hereby ORDERS that the motion be hereby GRANTED. Attorney Jennifer Safstrom shall be and is hereby withdrawn as counsel of record for Plaintiffs, who will continue to be represented by the remaining attorneys of record. Signed by District Judge Henry E. Hudson on 6/24/2020. (smej, ) (Entered: 06/24/2020)	June 24, 2020	June 24, 2020 RECAP
26	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
27	ORDER that this matter comes before the Court on receipt of the attached letter from an inmate at a Virginia Department of Corrections facility (the "Letter"). The Court hereby DIRECTS the Clerk to file the Letter as a separate entry on the docket and distribute a copy to all counsel of record. It is so ORDERED. Signed by District Judge David J. Novak on 7/2/2020. (sbea,) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 RECAP
28	Declaration of Eric B. Saub re: 27 Order. (Attachment: # 1 Letter). (sbea,) (Entered: 07/02/2020) 1 Letter View on PACER	July 2, 2020	July 2, 2020 PACER
29	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 RECAP
	Set Deadlines/Hearings	July 10, 2020	July 10, 2020 PACER
	Conference Call re Settlement set for 7/14/2020 at 02:30 PM before District Judge David J. Novak. (cgar)	July 10, 2020	July 10, 2020 PACER
30	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
31	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020 PACER
32	Letter from Ricky Donnell Nelson requesting a copy of the Complaint. (Attachments: # 1 Envelope, # 2 Letter from the Clerk) (smej, ) (Entered: 07/23/2020) 1 Envelope View on PACER 2 Letter from the Clerk View on PACER	July 23, 2020	July 23, 2020 RECAP
33	MOTION to Mediate Dispute by Joshua Moseley. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Letter, # 5 Envelope) (smej, ) (Entered: 07/28/2020) 1 Appendix 1 View on PACER 2 Appendix 2 View on PACER 3 Appendix 3 View on PACER 4 Letter View on PACER 5 Envelope View on PACER	July 28, 2020	July 28, 2020 PACER
34	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 07/28/2020)	July 28, 2020	July 28, 2020 Clearinghouse
35	ORDER that this matter comes before the Court on the Request to Mediate Dispute (ECF No. 33 ) filed by Joshua Moseley, an inmate at a Virginia Department of Corrections facility. Because the final settlement agreement in this matter does not authorize the Court to mediate individual inmate disputes, the Court hereby DENIES the Request (ECF No. 33 ). The Court herebyDIRECTS the Clerk to forward a copy of Mr. Moseley's Request (ECF No. 33 ) to Plaintiffs' counsel to determine whether the issues raised in the Request constitute a violation of the final settlement agreement that may be mediated through the procedures outlined in the agreement. It is so ORDERED. Signed by District Judge David J. Novak on 07/29/2020. Copy mailed to Joshua Moseley. Copies forwarded to Plaintiffs' counsel electronically. (walk, ) (Entered: 07/29/2020)	July 29, 2020	July 29, 2020 RECAP
36	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
37	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
38	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020 PACER
39	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
40	Letter RECEIVED from Ronald Miles. (tjoh, ) (Entered: 08/28/2020)	Aug. 28, 2020	Aug. 28, 2020 RECAP
41	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
42	Letter Reflecting Further Agreements Between the Parties. (O'Shea, Margaret) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 RECAP
43	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 RECAP
44	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 09/15/2020)	Sept. 15, 2020	Sept. 15, 2020 RECAP
45	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020 PACER
46	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 RECAP
47	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 RECAP
48	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
49	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 RECAP
50	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 PACER
51	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 11/03/2020)	Nov. 3, 2020	Nov. 3, 2020 PACER
52	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 11/10/2020)	Nov. 10, 2020	Nov. 10, 2020 PACER
53	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
54	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
55	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
56	NOTICE "of Substantial Non-Compliance" by Casel Frank Lucas. (Attachments: # 1 Unmarked Attachments 1, # 2 Unmarked Attachments 2, # 3 Unmarked Attachments 3, # 4 Envelope) (smej, ) (Entered: 12/08/2020) 1 Unmarked Attachments 1 View on RECAP 2 Unmarked Attachments 2 View on RECAP 3 Unmarked Attachments 3 View on RECAP 4 Envelope View on RECAP	Dec. 7, 2020	Dec. 7, 2020 RECAP
57	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 12/09/2020)	Dec. 9, 2020	Dec. 9, 2020 RECAP
58	NOTICE by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr (Heilman, Eden) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 RECAP
59	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 12/17/2020)	Dec. 17, 2020	Dec. 17, 2020 RECAP
60	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 12/24/2020)	Dec. 24, 2020	Dec. 24, 2020 PACER
61	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 12/28/2020)	Dec. 28, 2020	Dec. 28, 2020 PACER
62	Letter from Charles Zellers. (Attachments: # 1 Envelope) (smej, ) (Entered: 12/28/2020) 1 Envelope View on PACER	Dec. 28, 2020	Dec. 28, 2020 PACER
63	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
64	Letter from Charles Zellers. (Attachments: # 1 Envelope) (smej, ) (Entered: 01/07/2021) 1 Envelope View on PACER	Jan. 7, 2021	Jan. 7, 2021 PACER
65	ORDER (Referring Letter to Counsel) - This letter comes before the Court on a letter received by the Court from inmate Charles Zeller (ECF No. 64), requesting his and other inmates' release from prison. The Court hereby refers the letter to Plaintiffs' counsel, Eden Brooke Heilman, to review and take any action that counsel may deem appropriate. Signed by District Judge David J. Novak on 1/8/2020. (Copy mailed to Charles Zeller) (smej, ) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021 PACER
66	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 01/13/2021)	Jan. 13, 2021	Jan. 13, 2021 PACER
67	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 01/20/2021)	Jan. 20, 2021	Jan. 20, 2021 PACER
68	Letter from Eric Saub requesting copies. (Attachments: # 1 Envelope, # 2 Letter from the Clerk) (smej, ) (Attachment 2 replaced on 1/21/2021) (smej, ). (Entered: 01/21/2021) 1 Envelope View on PACER 2 Letter from the Clerk View on PACER	Jan. 21, 2021	Jan. 21, 2021 PACER
69	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
70	Letter from Jeffery J. Gardner. (Attachments: # 1 Unmarked Exhibits, # 2 Envelope) (smej, ) (Entered: 01/28/2021) 1 Unmarked Exhibits View on PACER 2 Envelope View on PACER	Jan. 28, 2021	Jan. 28, 2021 PACER
71	MOTION to Withdraw as Attorney by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Attachments: # 1 Proposed Order)(Tortoriello, Nicole) (Entered: 01/28/2021) 1 Proposed Order View on PACER	Jan. 28, 2021	Jan. 28, 2021 PACER
72	Memorandum in Support re 71 MOTION to Withdraw as Attorney filed by Lartaija Banks, Candace Blakenship, Warren Brooks, Timothy Brummett, Jesse Davenport, Frank Fairchild, Felipe Franco, Benjamen Fyfe, Bruce Harris, Jr, Dwight Horton, Olivia Ivashin, Gale Jones, Johnathan McMillian, Warren Medley-Green, Matthew Mosher, Donnie Offenbacker, Antonio Perryel, Ennis Stewart, Courtney Stroble, Michael Sullivan, Larog Trowell, Brenda Van Emmenis, Anthony Vicks, Da'Von Walker, Brooke Whorley, Alonzo Williams, Milton Williams, Sr. (Tortoriello, Nicole) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
73	ORDER granting 71 Motion to Withdraw as Attorney. Attorney Nicole Gloria Tortoriello terminated. Signed by District Judge Henry E. Hudson on 2/1/2021. (asho, ) (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 PACER
74	MOTION for Release by Jeremy Defour. (Attachments: # 1 Envelope) (smej, ) (Entered: 02/02/2021) 1 Envelope View on PACER	Feb. 2, 2021	Feb. 2, 2021 RECAP
75	STATUS REPORT by Eric Aldridge, Joseph Bateman, Harold Clarke, Tikki Hicks, Thomas Meyer, Brian J. Moran, Ralph S. Northam, Tori Raiford, Dana Ratliffe-Walker, Tracy Ray, Phillip White, Rick White, Tammy Williams, Donald Wilmouth, Rodney Younce. (O'Shea, Margaret) (Entered: 02/03/2021)	Feb. 3, 2021	Feb. 3, 2021 RECAP
76	ORDER (Denying Motion for Release, Directing Forwarding of Letters) - The Court has received numerous other letters from inmates requesting relief under the final settlement agreement in this matter. However, the final settlement agreement does not authorize the Court to mediate individual inmate disputes or to order the release of individual inmates from custody. Accordingly, the Court hereby DENIES the Motion (ECF No. 74). Additionally, the Court hereby DIRECTS the Clerk to forward a copy of Mr. Defour's Motion, along with the other requests received from state inmates, to Plaintiffs counsel, Eden Brooke Heilman, to review and take any action that counsel may deem appropriate. Moreover, moving forward, the Clerk is hereby DIRECTED to forward any such letters from inmates requesting relief in this matter to Ms. Heilman without first docketing the letter. Signed by District Judge David J. Novak on 2/3/2021. (Copies distributed as directed) (smej, ) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER